HELLO DIANNE FROM NORTHERN CALIFORNIA
In a message dated 7/27/01 7:29:58 AM Pacific Daylight Time, dzomper@xxxxxxx
writes:
<<
Good Morning Everyone:
I have several questions for anyone interested in responding:
THESE ARE OPINIONS AS MUCH AS ANYTHING
1. If a lawyer in a "Firm" signs a collaborative agreement in a case, is it
kosher for that lawyer to
a.) have an associate or partner fill in at a 4-way meeting for example if
the
signed attorney is unavailable?
THE RELATIONSHIP OF TRUST AND COOPERATION THAT IS CREATED IN THE
COLLABORATIVE PROCESS IS VERY SPECIAL AND HANDING OFF TO ANOTHER LAWYER
VIOLATES IT IN MY OPINION. THE 4-WAY MEETINGS ARE THE HEART AND SOUL OF THE
PROCESS AND I DON'T SEE HOW ANYONE COULD FILL IN.
b.) if the CL process busts out, can another attorney in the "FIRM" become
trial counsel? What about an attorney that the CL attorney office shares
with?
NOTWITHSTANDING MY RESPONSE TO a), I BELIEVE THE FIRM IS DISQUALIFIED,
BECAUSE THE CLIENT WOULD BE A CLIENT OF THE FIRM, HENCE THE FILE BELONGS TO
THE FIRM, HENCE ALL INFORMATION REVEALED AT THE COLLABORATIVE MEETINGS WOULD
BE AVAILABLE TO THE LITIGATOR AND A CLEAR VIOLATION OF THE COLLABORATIVE
AGREEMENT WOULD EXIST. ADDITIONALLY, I WOULD QUERY, HOW COULD AN ATMOSPHERE
OF TRUST BE ESTABLISHED WITH LITIGATORS FOR THE OTHER SIDE STANDING IN THE
WINGS TO STEP IN "IF IT DOESN'T WORK"? THIS FLIES IN THE FACE OF THE BASIC
PRINCIPLES OF THE PROCESS, AND IS NOT UNLIKE A SITUATION THAT A COLLABORATIVE
ATTORNEY HERE IN CALIFORNIA SHARED WITH ME. SHE SAID THAT AT THE FIRST
4-WAY, BEFORE THE AGREEMENT WAS SIGNED, THE SO-CALLED COLLABORATIVE ATTORNEY
ON THE OTHER SIDE WALKED IN, THREW DOWN AN OSC, AND SAID, "IN CASE WE DON'T
REACH AGREEMENT." INSURANCE? NO, A BREACH OF THE ETHICS OF THE PROCESS.
AS TO THE PERSON SHARING OFFICE SPACE, IT IS A CLOSER CALL, BUT IF BOTH
LAWYERS HAVE COMPLETELY SEPARATE PRACTICES I SUPPOSE IT COULD BE CONSIDERED.
I WOULD HAVE RESERVATIONS OF EVEN THE APPEARANCE OF AN IMPROPRIETY, AND I
BELIEVE THAT WE ALWAYS HAVE TO BE MINDFUL THAT WE ARE PIONEERS IN A NEW
PROCESS. THERE WILL ALWAYS BE LAWYERS WHO WILL TRY TO FIGURE WAYS TO GET
AROUND THE BOUNDARIES OF THE PRINCIPLES AND GUIDELINES. THESE ARE NOT
EXPERIENCED AND COMMITTED COLLABORATIVE LAWYERS. AS ONE WHO IS BOTH
COMMITTED AND EXPERIENCED, I SUGGEST THAT SIMPLE ADHERENCE TO THE PROCESS
RESULTS IN THE END DESIRED. IT AIN'T BROKE--DON'T FIX IT!
2. Who is using a multi-discipline team approach in their cases from the
beginning of the case? How is this working? There seems to be two strains
of
CL forming in the country, possibly with lots of crossover?
IN THE RURAL NORTHSTATE OF CALIFORNIA, THERE HAS NOT YET BEEN THE DEMAND FOR
UTILIZATION OF THE MULTI-DISCIPLINE TEAM. I THINK THIS HAS MOSTLY TO DO WITH
THE FINANCIAL CAPABILITIES OF THE POPULATION HERE. WE ARE UNLIKE THE SILICON
VALLEY, HOLLYWOOD, ETC., IN FINANCIAL RESOURCES.
your thoughts and experience are welcome.
HOPE THIS HELPS A BIT.
Dianne Zomper
>>
LINDA
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * Linda L. Seinturier, CFLS*
Attorney at Law
1308 Placer Street
Redding, CA 96001
Phone: 530/243-0253
Facsimile: 530/243-5475
Website: www.dignifieddivorce.com
*Certified as a Family Law Specialist by the State Bar of Califonia
Board of Legal Specialization
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